Rights of Beneficiaries
If you have been named as a beneficiary of a will, you may be unsure what happens next, what information you are entitled to, and when you will receive your inheritance. This guide explains the rights of beneficiaries, the responsibilities of executors, and what to expect during the probate process.
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A beneficiary of a Will has a right to receive their inheritance; whilst the executor is responsible for administering the assets and paying out any money, it’s crucial to know where your legal rights as a beneficiary stand.
These rights include receiving estate accounts if you are a residuary beneficiary and challenging or removing an executor if you are concerned they have been mismanaging or stealing from the estate.
Rowlinsons Solicitors’ Probate Solicitors are on hand to guide you through your rights as a beneficiary, giving you the advice you need to ensure your legal rights remain protected throughout the probate process.
A beneficiary is someone who has been named in a will to inherit from the estate of the person who has died. A beneficiary may receive money, property, land, personal possessions or a share of the residuary estate, depending on the terms of the will.
If you have been named as a beneficiary in a Will, you may be entitled to receive money, property or other assets from the estate. You will often be told that you are a beneficiary and what has been left to you, but that does not necessarily mean you can see the Will immediately. Until probate has been granted, the Will remains a private document, so you would usually need to ask the executor to share it. Once probate has been granted, the Will becomes a public document.
Where probate is needed, beneficiaries will not normally receive their inheritance until the executor has obtained the Grant of Probate and begun administering the estate. While the executor is responsible for managing the estate, beneficiaries should still be kept reasonably updated on progress. If you are worried about delays or feel you are not being given enough information, legal advice can help clarify your rights and the options available to you.
A common source of confusion is the difference between executors and beneficiaries.
An executor is the person responsible for administering the estate. Their role includes applying for probate where necessary, collecting in assets, paying debts and tax, keeping records, and distributing the estate in accordance with the will.
In short, the executor manages the estate, while the beneficiary receives from it. Although executors control the administration process, beneficiaries still have legal rights and may be entitled to information about what is happening. If disputes arise between executors vs beneficiaries, legal advice can help clarify each party’s position and what steps can be taken.
The rights available to you as a beneficiary will depend on the type of gift you have been left under the Will. If you are a residuary beneficiary, you are entitled to a share of what remains after debts, tax and administration expenses have been paid, you will usually have a greater right to information about how the estate has been administered. This can include asking to see the estate accounts so you can understand what has come into the estate, what has been paid out and how the final balance has been calculated.
Executors are responsible for keeping proper records as they deal with the estate. Where appropriate, beneficiaries may be entitled to see those records, particularly where they are concerned about how the estate is being managed or how their entitlement has been worked out. If you believe an executor is failing to administer the estate properly, taking too long without explanation or acting against the interests of the beneficiaries, legal advice can help you understand what steps may be available.
Beneficiaries are usually paid once the executor has collected in the estate, settled any debts, tax and administration expenses, and made sure there are sufficient funds available to deal with any remaining liabilities. Only once this has been done can the estate be distributed in accordance with the terms of the will. Executors must take care not to distribute assets too early, as they can be personally liable if money is paid out before all estate liabilities have been dealt with.
Executors are often expected to administer an estate within around a year of death, sometimes referred to as the “executor’s year”, although more complex estates can take longer. If payment is delayed beyond that without good reason, beneficiaries may wish to seek legal advice.
How long this takes will depend on the size and complexity of the estate. A straightforward estate may be administered within a few months, while a more complex estate, for example one involving property sales, tax issues or disputes, may take significantly longer before beneficiaries receive their inheritance.
If you are not sure about the process or you think an executor is taking too long in administering the estate, our Probate Solicitors are here to help.
Call us today for an initial no-obligation call, or click here for a callback. We also have meeting facilities in North Wales for Family Law Clients.
Beneficiaries are often concerned when estate administration appears to be taking too long. In many cases, delays are caused by practical or legal issues rather than wrongdoing.
Common reasons for delay include:
If you are concerned about delays, it is sensible to ask the executor for an update and, where appropriate, take legal advice.
Executors cannot change the terms of a will simply because they disagree with it or believe the estate should be distributed differently. Their role is to administer the estate in accordance with the will.
In some cases, beneficiaries may agree to alter how an estate is distributed by using a Deed of Variation. Whether this is appropriate will depend on the circumstances and legal advice should be taken before any changes are made.
If you need advice about your rights as a beneficiary, our probate solicitors can help. Whether you are dealing with delays, poor communication, concerns about estate accounts, or a dispute involving executors vs beneficiaries, we can explain your legal position and support you with the next steps. Call Rowlinsons Solicitors today for an initial no-obligation conversation. Our Probate Solicitors are here to help.
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